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UNITED STATES V. IDAHO, 298 U. S. 105 (1936)

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U.S. Supreme Court

United States v. Idaho, 298 U.S. 105 (1936)

United States v. Idaho

No. 420

Argued March 13, 1936

Decided April 27, 1936

298 U.S. 105

Syllabus

1. A decree of the District Court annulled and enjoined the enforcement of an order of the Interstate Commerce Commission authorizing the abandonment of trackage, on the ground that the trackage in question was a "spur" within par. 22 of the Interstate Commerce Act and that the order therefore was not within the authority of the Commission. Held, that the decree was based on findings amply supported by the evidence. P. 298 U. S. 108.

2. Upon the question whether trackage is a "spur," an order of the Commission adjudging it not so and permitting abandonment is chanroblesvirtualawlibrary

Page 298 U. S. 106

not conclusive, even though based on substantial evidence, but is subject to judicial review. P. 298 U. S. 109.

3 Although the better practice in such cases is to introduce all relevant evidence before the Commission, new evidence upon the question whether the trackage is a "spur" -- mixed question of law and fact -- may be received by the District Court in a suit to set aside the order permitting abandonment. P. 298 U. S. 109.

4. In a suit to set aside for error or irregularity an order of the Interstate Commerce Commission on a matter within its jurisdiction, the United States is the only party named as defendant; others become parties by intervention. P. 298 U. S. 109.

5. A suit against the United States, the Interstate Commerce Commission, and a railroad company to enjoin the abandonment of trackage under an order allowing it made by the Commission in excess of its jurisdiction, .and also to annul the order, held properly brought in the three-judge District Court, and the decree appealable to this Court directly. P. 298 U. S. 109.

10 F.Supp. 71 affirmed.

Appeal from a decree of the District Court of three judges setting aside and enjoining action under a certificate of the Interstate Commerce Commission purporting to permit a railroad company to abandon certain trackage. The suit was brought against the United States, the Commission, and the railroad company, as defendants. chanroblesvirtualawlibrary

Page 298 U. S. 107





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